Scott A. Selis - Elderlaw Attorney
So, your wife or husband is in a nursing home and on Medicaid. Shortly thereafter, you got worried or heard that if you die first and leave everything to your spouse, that Medicaid will take that money. So, you did or considered doing the logical thing. You disinherited your husband or wife by changing your estate plan to leave everything to other loved ones. And now, you think that you’ve protected those funds. Well, think again.
Under Florida Law, a surviving spouse is entitled to receive at least 30% of the deceased spouse’s assets (a/k/a “stuff”), including insurance proceeds, IRAs, annuities, etc., and is entitled to live in the residence for the rest of his/her lifetime. And guess what, when you changed your plans, that doesn’t stop Medicaid from penalizing the survivor by making him/her ineligible for Nursing Home Medicaid.
There are legal, moral & ethical ways around this by simply following Medicaid’s rules and regulations. Doing so is not as easy as you might think, so you should rely upon a lawyer who specializes in elder law.
Contact the Asset Protection & Estate Planning Law Firm to give yourself and your loved ones the peace of mind that comes from knowing that what you have will go to who you want after your death, and not to creditors or other predators.
Scott A. Selis, Esq.
386-868-5337
scott.selis@seniorlawtoday.com
Asset Protection & Estate Planning Law Firm
570 Memorial Circle, Ste. 200
Ormond Beach, FL 32174
